The Court of Appeal in Enugu State on Friday affirmed the previous judgment of Ebonyi High Court, Abakaliki, which dismissed the suit challenging the defection of Ebonyi State Governor, David Umahi and his deputy, Dr. Kelechi Igwe, from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The suit was filed by the candidates of the APC for the 2019 Enugu State Governorship elections, Senator Soni Ogbuoji and his deputy, Justin Mbam.
The ruling by a three-man panel of the Appeal Court presided over by Justice Joseph O.K. Oyewole said that Governor Umahi and his deputy “did not offend any provision of the Constitution or the Electoral Act, as there was no consequence under the law against the defection of the holder of the office of the President, Vice President, Governor or Deputy Governor, to another political party from the party that sponsored the election that brought him or her to office.”
The court further stated that political office holders’ defection might be immoral but it was not the court’s duty to conduct an investigation into the provisions of the laws.
Recall that an Abuja High Court presided over Justice Inyang Ekwo had sacked Umahi, his deputy, and 17 lawmakers in the state for defecting to the APC from the PDP.
